LIBRARY OF CONGRESS. 



PRESENTED BY 



UNITED STATES OP AMEEIOA. 






PUBLIC ACTS 



KELATING TO 



COMMON SCHOOLS, 



IN THE 



STATE OF CONNECTICUT, 



PASSED 



MAY SESSION, 1856» 





PRINTED BY ORDER OF THE GENERAL ASSEMBLY, IN PURSUANCE 
OF A RESOLUTION PASSED MAY SESSION, A. D. 1856. 



NEW HAYEN: 
CARRINGTON k HOTCHKISS, STATE PRINTERS. 

1856. 



^ 



General Assembly, 
May Session, 1856. 

Resolved, That the Clerk of the House be, and is hereby directed to 

cause to be printed in pamphlet form, twenty-five hundred copies of the 

School Laws passed this Session, one copy for each member of the General 

Assembly and one copy to each School District. 

A true copy. Kxamined and certified by 

N. D. SPERRY, 

Secretary of State. 



SCHOOL LAWS 



PASSED 



MAY SESSION, 1856. 



AN ACT IN ADDITION TO AND IN ALTERATION OF 
" AN ACT CONCERNING EDUCATION." 



CHAPTEK I. 

Providiiigfor the transfer to Towns of the Duties and 
Powers of School /Societies with regard to Schools. 

Be it enacted hy the Senate and House of Represent 
tatives, in General Assembly convened : 

Sec. 1. It shall be the duty of the several towns Towns to pro- 
within this State to provide for the support of com- of^'schoofs"''^'"^* 
mon schools within their respective limits. 

Sec. 2. The school districts now established by law school districts 
shall become and remain school districts of the towns, IstaSed^ "*"* 
within which they are situated, subject to certain 
limitations and exceptions hereinafter mentioned. 



EDUCATION. 



Powers and 
duties of school 
societies to cease, 
except in certain 
cases. 



Debts, &c., to re- 
main in force. 



Powers relating 
to burying 
grounds con- 
ferred on towns. 



Records of 
school societies 
to be hereafter 
kept with town 
records. 



Present scliool 
ofiScers to con- 
tinue in office 
until next annual 
town meeting. 



Reports to be 
made. 



Town to hold 
local school 
fund. 



Sec. 3. All powers and duties of school societies 
with regard to schools, except in certain cases herein- 
after specially excepted, shall, when this act takes 
effect, cease and determine : Provided, however, that 
no debt, legal obligation, or pecuniary trust of any 
such society, pertaining to schools, shall be discharged 
hereby, but the same shall remain in full force against 
the town or towns within which such school society 
is situated. 

Sec. 4. All the powei-s heretofore conferred upon 
school societies with regard to burying grounds and 
matters appertaining thereto, are hereby conferred 
upon the several towns within which such burial 
grounds are situated. 

Sec. 5. The present records of the school societies 
shall be deposited and forever kept with the town 
records of the towns in which such school societies 
are situated; and where any school society lies within 
the limits of two or more towns, the records of such 
society shall be deposited and kept with the records 
of the town within which the greater part of the ter- 
ritory of such society lies. 

Sec. 6. The present committees, school visitors, 
and other officers of the several school societies, 
shall continue to discharge all the duties of their several 
offices, in the same manner as if this act had not 
been passed, until the next annual meeting of the towns 
in which such school societies are situated, and shall 
then make to said towns, at said town meetings, the re- 
ports usually made to said school societies. And where 
a school society lies within the limits of two or more 
towns, the officers of said society shall make their said 
reports to that town within which the greater part of 
the territory of such society lies. 

Sec. Y. All the funds, buildings, and property of 
every kind, now held for school purposes by the 
school societies, shall vest in the towns within which 
such school societies are situated, to be held by such 
towns for the purposes for which the same were held 
by the school societies. And where there are two or 
more school societies within the limits of any one 
town, and any of such school societies shall have a 
permanent fund for the support of schools, such fund 
shall be held in trust by said town for the support of 



EDTJCATION. 7 

schools for the inhabitants of the territory now em- 
braced within such school society ; and where any 7*^^?° any socie- 

1 1 • 111T • 1 • II-' f ty lies m two or 

school society shall lie within the limits ot two or more towns, fund 

, jini T_p 1 to be divided. 

more towns, and shall be possessed ot any such per- indebtedness 
manent fund, such fund shall be divided between or ^^^j" *" *'* ^^"'^' 
among such towns and the j)ortions so distributed 
shall be held by such towns, in trust for the support of 
schools for the inhabitants of that portion of such 
school society lying within said town ; and where any 
such school society shall have been indebted, such 
indebtedness shall in the same manner be divided 
between or among said towns. 

Sec. 8. When it shall be necessary to distribute any f„"°Qeigjfg°°|'°| 
fund, or divide any indebtedness, between or among divided between 
different towns, in the manner provided by the last *°™^" 
preceding section, such distribution or division shall 
be made by the selectmen of said towns ; and if they 
cannot agree, then, upon application of the selectmen 
of either town, by a committee of three disinterested 
persons, to be appointed by the superior court within 
the county in which either of such towns shall be situ- 
ated ; who shall make report to said court, which report, 
when accepted by said court, shall be final in the pre- 
mises ; and the report of such committee, or the agree- Report of com- 

' i^ , iini mittee to be re- 

ment ot the selectmen, as the case may be, siiali be re- corded. 
corded at length upon the records of each of said towns. 

Sec. 9. Whenever there shall have been two or superior court 

- - . , • 1 • , . to adjust funds 

more school societies within any one town, and in and indebted- 
consequence of the difference in the value of the cor- °®^^" 
porate property (aside from permanent funds) of such 
school societies, or of the indebtedness of either so- 
ciety, or from any other cause, it shall be necessary 
that an equitable adjustment be made between the 
sections of such towns representing such school socie- 
ties, the selectmen, or any ten citizens of said town, 
may within one year from the passage of this act, 
apply to the superior court for the County within 
which such town is situated, which shall appoint a 
.committee of three disinterested persons to inquire 
into the facts, and report the same to said court, with 
a recommendation of such adjustment as they shall 
deem equitable, and such court may thereupon make 
any proper decree for such adjustment and shall have 
power to lay a tax, if necessary, upon either of such 



8 EDUCATION. 

sections, upon tlie list last before perfected, and to ap- 
point a collector of the same, who shall collect such 
tax and pay over the same to the treasurer of the town, 
in the same maimer and subject to the same regula- 
tions in all respects as other town taxes. 
Certain school Sec. 10. School socictics herctoforc organized under 
*ed'"under uTo'f the act of 185c, entitled " An act in addition to and 
Soi°di8tricTa! i'l alteration of an Act concerning Education," which 
are not coextensive with the towns within which they 
are situated, shall become school districts of said 
towns, with all the powers and duties of school dis- 
tricts as specified in this act, with the following ex- 
said districts ccptions, viz : Such school districts shall annually 
of *ed°ucauon tn choosG iu tlic mouth of Octobcr, instead of a district 
nwnth of octo- committcc, a board of education, consisting of three, 
six, or nine persons, in the manner prescribed in the 
first and second sections of chapter II of this act, for 
the election of school visitors; and said board of edu- 
cation shall have all the powers and be subject to all 
the duties imposed on the district committees; and in 
addition thereto shall have the general charge and 
superintendence of the common schools within their 
Power and du- district, and the care and the management of the pro- 
board oreduca- perty and funds of the district ; they shall lodge all 
""'°" bonds, leases, notes, and other securities with the trea- 

surer of said district, unless the same have been en- 
trusted to others by the donor or grantors, or by the 
general assembly ; they shall pay into the treasury of 
the district all moneys which they may receive for 
the support of schools ; they may annually appoint a 
committee, to visit schools and examine candidates 
for teachers, and to give to those candidates, with 
whose moral character, literary attainments and abil- 
ity to teach, they are satisfied, a certificate, setting 
forth the qualifications of such teachers, and shall an- 
nul the certificates of those teachers who may be 
found unqualified, and who shall not conform to the 
provisions of this act, and to the regulations by 
them adopted ; they shall determine the number and 
qualifications of the scholars to be admitted into each 
school ; shall supply the requisite number of qualified 
teachers ; shall prescribe rules and regulations for the 
management, studies, books, classifications and disci- 
pline of the schools in their district ; shall, annually, 



EDUCATION. 9 

during the first two weeks of the month of September, 
ascertain the expense of supporting and maintaining 
the schools under their superintendence, during the 
year ending the 31st day of August previous, and re- 
port the same, together with the amount of moneys 
received towards the payment thereof, to the district, 
at a meeting to be held on the third Monday in Sep- 
tember in each year ; and shall at the same time make 
a full report of their doings and the condition of the 
schools under their superintendence, and all important 
matters concerning the same to the district, and shall 
perform all lawful acts which may be required of 
them by the district, and which may be necessary to 
caiTy into effect the powers and duties granted by this 
act. 

Sec. 11. All existing school societies, in which school Eting^fch°o*^o78o- 
districts have been abolished, may avail themselves Pieties where di"- 

,1 ••! ' c> -I • l^ T ,• tricts have beeo 

the privileges specined m the preceding sections. abolished. 

Sec. 12. The funds, buildings and all other property pun^s, &c., of 
of the school societies, specified in the two preceding; fchooi societi43s 

--- , ^^ -,, ■,. --TO to remain as 

sections, shall not be aiiected by this act, but shall re- heretofore. 
main, as heretofore, under the care and management 
of said school societies. 



CHAPTER II. 

Powers and Duties of Toions. 
Sec. 1. A board of school visitors shall be elected, Board of school 

-IT,. 1 -, , ' Visitors to be 

by ballot, m every town, at the next annual meeting elected annuany. 
after the passage of this act, which shall consist of 
three, six, or nine members, of whom the first third 
elected shall hold office for three years, the next third Term of ornce. 
for two years, and the last third for one year, and un- 
til others are chosen in their places. 

Sec. 2. At every annual meeting thereafter, all va- g.^*'*''^'** '""^ 
cancies in the board of school visitors shall be filled 
by an election of the necessary members thereto by 
ballot ; any member elected to fill an irregular va- 
cancy, to hold office only for the unexpired term of 
his predecessor, and no person shall be ineligible on 
account of his having held the office the preceding 
year. In case of any vacancy occurring by death, 



10 EDUCATION. 

resignation or otherwise, the remaining members of 
the board may fill such vacancy until the next annual 
meeting of the town. 
Where town Sec. 3. In case any town shall have received any 

has a permanent . n ^ n i c ii -i 

fund, a school permanent fund or funds from any school society or 
to^bVerec'telirto societies within its limits, such town shall annually 
l^'^^e^charge of elcct by ballot a school fund treasurer, who shall have 
the charge of such fund or funds, and keep a separate 
account of the same, and make an annual report to 
the town of the condition of said funds and of his 
disbursements of the same, and who shall give bond, 
To give bond, witli surcty, to the satisfaction of the selectmen of the 
town, for the faithful discharge of the duties of his 
office. 
Powers of towns. Sec. 4. The towus shall have power to establish and 
maintain common schools of different grades within 
their limits; to purchase, receive and hold an}'- real 
and personal property for school purposes, and to con- 
vey the same ; to build and repair school houses ; to 
lay taxes and to make all lawful contracts and adopt 
all lawful regulations and measures for the education 
of the children of the town. 
School business Sec. 5. The busiucss of the towns relating to schools 
in s'Lrae manned shall bc transacted, at regular and special town 
as other town meetings, in the same manner and subject to the same 

business. o ' , •> 

regulations as other town business. 
Selectmen to Seo. 6. The Selectmen shall have the care and man- 

m3n'kgement''^f agcmcnt of auy property or funds appertaining to 
taTnu^y^o^^"' schools and belonging to the town, and shall lodge all 
Bchoois and be- bonds, Icascs, notes and other securities with the trea- 
ongmg o own. ^^^^^^,^ cxccpt SO far as the same shall have been or 
shall be entrusted to others by the donor or grantor, 
or by the general assembly, or by the town ; they shall 
pay to the treasurer all money which they may col- 
lect and receive for the use of schools ; they shall 
Boundary lines scttlc and dcscribc the boundary lines of any new 
to beTcttie(7by' school district, or of any existing district or parts of a 
selectmen. district withiu their limits, where the lines are not now 
settled, and described, when applied to by the district, 
and shall cause the same to be entered on the records 
of the town ; they shall designate the time, place and 
object of holding the first meeting in any new district, 
and perform all other lawful acts which may be re- 
quired of them by the town, or which may be neces- 



EDUCATION. 11 

saiy to carry into full effect the powers of towns with 
regard to schools. 



CHAPTER III. 

Of School Districts. 

Sec. 1. Each town shall have power to form, alter Towns shaii have 
and dissolve school districts within its limits, and any Sulr anddsa- ' 
two or more towns may form a school district of ad- tr'cte.^*'^"*'' *^ 
joining portions of their several towns, and may alter 
and dissolve the same ; provided, that no district shall 
be divided, so that either part thereof, after such divi- f^l^jg'/"^ °^'^*' 
sion, shall contain less than forty persons between the 
ages of four and sixteen years ; and the jurisdiction of 
towns for such purposes shall extend to districts spe- 
cially incorporated by act of the general assembly, in 
the same manner as to others. 

Sec. 2. When any school district shall be reduced ?js*'"i«"'' ^if 

, . ••' • 1 1 1 diasolved when 

m population, SO as to contain less than twelve per- the number of 
sons between the ages of four and sixteen years, it tween^fo'ur and" 
shall be the duty of the town or towns within which f^llUJi^H^ 
such district is situated, to dissolve the same and t^an twelve, 
annex the territory thereof to the adjoining district or 
districts ; provided, that if there shall exist any Proviso. 
special reason why said district should not be dis- 
solved, the selectmen of the town, or any five voters 
of such district, may apply to the superintendent of 
common schools, who shall examine the case, and, if 
he is satisfied that it is inexpedient to dissolve such 
district, he shall so certify to such town in writing, 
and such town shall not be required to dissolve such 
district. 

Sec. 3. Every school district heretofore formed from School district 
parts of two or more towns, shall, for all school pur- o°™ore^town9to 
poses, belong to the town within which the school '4here^s*chooT" 
house of said district is now situated, unless such house is situated, 
towns shall make some other agreement with regard 
to the jurisdiction over such district, and in all cases 
where any district shall hereafter be so formed, the 
towns from which the same are so formed, shall, in ' 

the formation of such district, agree as to the particu- 
lar town to which such district shall belong. Pro- 



n 



EDUCATION. 



Proviso. vided, that the inhabitants of such district shall have 

no right to vote in any other town than that within 
which they reside. 

Property in such Sec. 4. The proDcrty of the inhabitants of a district 

district may be n j r j. a. T-^lJa' 

taxed for school lormed irom two or more towns may be taxed tor 
provuiion onfre- school purposcs in the town to which such district, 
ceding section, under the provisions of the last preceding section, per- 
tains ; but for all other purposes shall be taxable in 
the town in which such inhabitants reside. 
me'^coMoMdated ^^^' ^' ^^cn any two or more districts shall be 
or divided, how cousolidatcd into onc, the new district shall own all 
perty is to be the corporatc property of the several districts ; and 
disposed of. ^ijgj^ ^ district shall be divided, the funds and pro- 
perty, or the income and proceeds thereof, belonging 
to such district, shall be distributed among the several 
parts in proportion to the number of persons between 
the ages of four and sixteen in each ; and in case the 
distribution shall not be made before the district is 
divided, and the several parts cannot agree, the select- 
men of the town shall distribute the same, 
wv.T property gj;o_ Q Whenever, on any such division of any such 

coni^lsts of real ^ ^ i' • i i • • ^ f.i 

estate the select- school district, the Only or principal property ot said 
olfr-paHyTmim district, shall consist of a school house and real estate 
kilt t^Xh-""^ "' therewith connected, which cannot be divided be- 
share. twccu thc scvcral parts of said district without great 

inconvenience, the selectmen of the town, instead of 
dividing such school house and real estate, shall set 
such school house and real estate to one part, and 
award that the other part or parts shall receive from 
the part to which such school house and real estate 
are set, such sum of money as shall, in the judgment 
of such selectmen, be just and right, and such award 
shall be binding upon the several parts of such dis- 
trict. 
Associations gg^.^ ^^ ji^]\ associatious under the statute of 1841, 

formed under u- !••• iit- 

statue of 1841 to allowing any two or more adjoining school districts 

be continued aud . • i. j_ j.i j^ -j-i.'!. i. 

managed ac- to associatc together, and lorm a union district, enter- 
ccrdingiy. g(j j^j.^ jjeforc the repeal of said statute, shall continue 
to be managed and regulated according to the provi- 
sions of the statute of 1841, any law or usage to the 
contrary notwithstanding. 
Every school dis- gj^c. 8. Evcry school district shall hold an annual 

tnct shall hold , i i • i i » o i 

annual meetings meeting on such day m the month oi feeptember in 
eptember, q^q]^ ycar, as the committee, or clerk of the district in 



EDUCATION. 13 

the notice thereof may designate for the choice of of- officers!'''^ °* 

ficers and foi the transaction of any other business 

relating to schools in said district ; and shall also hold ■ 

a special meeting whenever the same shall be duly 

called; and the district committee may call a special special meetings 

meeting whenever such committee shall think neces- distdct If^u^ 

sary or proper, and shall call a special meeting on the *^«- > 

written request of five residents therein qualified to 

vote ; which request shall state the object of calling 

the same. 

Sec. 9. District meetings shall be held at the dis- where district 
trict school house; if there be no suitable school be heia. 
house, the committee shall determine the place of 
meeting; if there be no committee, the clerk shall 
determine the same ; if there be no committee and no 
clerk, the selectmen of the town to which such dis- 
trict belongs shall determine the place of meeting, 
which shall in all cases be within the limits of the dis- 
trict. 

Sec. 10. Notice of the time, place, and object of Notice of meet- 
every annual and special meeting of the district, shall LnliVwh?^"' 
be given at least five days inclusive previous to hold- 
ing the same. The district committee, or, if there be 
no such committee, the clerk, or, if there be no com- 
mittee and no clerk, then the selectmen of the town 
shall give notice of a district meeting, either by pub- 
lishing the same in a newspaper printed in the district, 
or by putting notice on the district school house, or on 
the sign-post within the district, or in some other 
mode previously designated by the district; but if 
there be no such newspaper, school house or sign-post, 
or other mode so designated, then th^ selectmen 
of the town to which said district belongs shall 
determine how and where the notice shall be given. 
'i Sec. 11. Every person residing in the district, qual- wh? may vote 

. n 1 , 1 • , . • , • T J • . 'n district meet- 

med to vote m town meetmg, may vote in district ings. 

meetings; and every meeting may choose its own 

moderator, and may adjourn from time to time to 

meet at the same, or some other place. If any per- Penalty for iii«- 

son or persons shall vote illegally in any school dis- ^*' ^°"°^- 

trict meeting, such person or persons shall forfeit and 

pay the sum of seventeen dollars to the treasurer of 

the county where the ofiense is committed ; and it 

shall be the duty of attorneys for the state in the 



14 EDUCATION. 

several counties, and grand jurors in the several towns, 
to make presentment of every such oft'ense. 
Nftmcj^ number. Sec, 12. The name, or number, and limits of every 
to'^ibe^'recorded! scliool district sliall be entered on the records of such 
district, and on the records of the town to which such 
district belongs. 
Concerning set- Sec. 13. Whenever the boundary lines of any dis- 
il^darySines. tHct are uot clcarly settled and defined, the selectmen 
of the town in which said district is situated shall set- 
tle and define the same ; and whenever said select- 
men cannot agree in settling and defining such bound- 
ary lines, the town to which such district belongs may 
appoint three indifierent persons for that purpose, who 
shall have the same authority therein as is herein con- 
ferred upon said selectmen, and said boundary lines 
may, in either case, when necessary, be defined by an 
actual survey ; and when parts of such districts lie in 
two or more towns, the selectmen of the towns in 
which any such part is situated, or in case of disagree- 
ment, indifferent persons appointed as aforesaid, shall 
settle and define the boundary lines of such part. 
Corporate pow- Sec. 14. Every school district shall be a body cor- 
tSte^^''''°"^'^'^"porate, and shall have power to sue and be sued, to 
purchase, receive, hold, and convey real or pereonal 
property for school purposes ; to build, purchase, hire, 
and repair school houses, and to supply the same with 
fuel, furniture and other appendages and accom- 
modations ; to establish schools of diflerent grades ; 
to purchase maps, globes, black-boards and other 
scliool apparatus ; to establisli and maintain a school 
library ; to employ one or more teachers, and shall be 
holden to pay the wages of any such teacher or teach- 
ers as are employed by the committee of such district 
in conformity to law ; to lay taxes for all the forego- 
ing purposes, and to make all lawful agreements and 
regulations for establishing and conducting schools, 
not inconsitents with the regulations of the town to 
which said district belongs. 
Officers who, Sec. 15. Eacli school district shall choose, by ballot, 
cbose'n*'* ^ at the annual meeting, a committee of not more than 
three residents of the district, a clerk, who shall be 
sworn, a treasurer and collector, who shall hold their 
respective ofiices until the next annual meeting, and 
until others are chosen and appointed, and any per- 



EDUCATION. ] O 

son SO chosen, who shall refuse or neglect to perform Penalty for neg- 
the duties of the office, shall pay five dollars to the duty." p'''"^°™ 
treasurer of the district, for the use of said district; 
provided that any new district may choose their offi- 
cers at their first, or at any subsequent meeting called 
by the selectmen of the town, who shall hold their 
offices till the annual meeting of such school dis- 
trict. 

Sec. 16. In case any district, at the time for the an- District failing 

. ini».i 1 • n to appoint ofli- 

nual meetmg. shall lail or neglect to appoint all or cers, it shaii be 
any of the officers required by this act, or any of the scTioo" visuors 
vacancies shall occur by death, removal from the '° *pp°'"'- 
district, or otherwise, it shall be the duty of the school 
visitors of the town to which such district belongs, 
to make such appointment and fill such vacancy, on 
receiving written notice thereof from any three 
members of the district, and to lodge the name oi' i^^^li wuh di« 
names of such officers so appointed with the district trict cierk. 
clerk. 

.Sec. 17. The district committee shall give notice of^^^^^j^°^f^*'»<=* 
all meetings of the district in the manner prescribed ; 
shall, unless otherwise directed by the district, employ 
one or more qualified teachers ; shall provide suitable 
school rooms, and furnish the same with fuel properly 
prepared ; shall visit the schools, by one or more of 
their number, twice at least during each season of 
schooling ; shall, when the scholars are not properly 
supplied with books, and their parents or guardians 
are too poor to furnish them, provide the same at the 
expense of the district ; shall suspend during pleasure, 
or expel from school during the current season, all pu- 
pils found guilty, on full hearing, of incorrigibly bad 
conduct, and shall give such information and assist- 
ance to the school visitors of the town as they may re- 
quire, and perform all other lawful acts that may be 
necessary to carry into full effect the powers and du- 
ties of school districts. 

Sec. 18. The clerk, treasurer, and collector of each Powers and 
school district, shall exercise the same powers and tr"easure'rfand' 
perform the same duties, in their respective districts, collector. 
as the clerk, treasurer and collector of towns do, in 
their respective towns. 

Sec. 19. The inhabitants of each district, in lawful Treasurer and 
meeting, shall have power to require that the trea- bonds r/reqiur"^ 



16 



EDUCATION. 



by district meet- 
ing. 



Ooncerning 
changing site of 
school house. 



Where district 
does not sup- 
port a school, 
the town may 
pay over school 
moneys to dis- 
trict where chil- 
dren do attend, 
upon certificate 
of districl com- 
mittee. 



How school dis- 
trict may talce 
t and for site of a 
; school hou-se. 



surer and collector shall respectively give bonds to 
the district for the faithful discharge of the duties 
of their respective offices, which bonds shall be ap- 
proved of by the district committee, before the trea- 
surer or collector shall enter on the duties of his 
office. 

Sec. 20. The vote of tuo-thirds of any legal meet- 
ing shall be necessary to fix the site of a new school 
house, or to change the site of an old one ; but if such 
two-thirds vote cannot be obtained in favor of any 
site, the school visitors of the town, or the school vis- 
itors of the towns, in which such district is located, 
on application of the district, shall fix the site and 
make return thereof to the clerk of the town in which 
such site shall be. 

Sec. 21. Whenever a school district, from inability 
or other cause, shall not support a school within the 
same, and the scholars belonging thereto shall attend 
the school of any other district, it shall be lawful for 
the town where the enumeration of the children is 
made and returned, to receive from the comptroller 
of public accounts, and to pay over to the district or 
districts where such children actually attend school, the 
proportion of school moneys which are drawn on the 
children so enumerated ; and a certificate from the 
committee of the school district where such children 
have attended school, that the money is so appropria- 
ted, shall be presented to the selectmen of the town to 
which such children belong, and shall be sufficient 
evidence that such money has been appropriated ac- 
cording to law. 

Sec. 22. Any school district may take land which 
has been fixed upon by them, as the site of a school 
house for a common school, and which is necessary 
for that purpose, upon paying to the owner just com- 
pensation therefor. If the school district wishing to 
take land for the purpose aforesaid, cannot agree with 
the owner, upon the compensation to be paid him 
therefor, they may prefer their petition to the superior 
court, to be held in the county in which the land lies, 
praying that such compensation may be ascertained 
and determined by said court. The said petition shall 
be accompanied by a summons signed by competent 
authority, notifying the owner of the land to be 



EDUCATION. 17 

taken, to appear before the court to wliich the peti- 
tion is returnable, and shall be served in the same 
manner as is provided by law for the service of bills 
or petitions in equity. And upon said petition, 
said court shall appoint a committee of three judicious 
and disinterested men, who, after being sworn, and 
after giving reasonable notice to the parties, shall ex- 
amine the land proposed to be taken, and if they ap- 
prove the site shall ascertain its value, assess such 
sum in favor of the owner as will justly compensate 
him therefor, and in case of non-approval of said site 
by said committee, they shall have power to fix 
another site and proceed as aforesaid, and make re- 
port of their doings to said superior court, and said 
court may reject the report of said committee, and 
set aside their doings for any irregular or improper 
conduct in the performance of their duties. 

Sec. 23. If the report of said committee be rejected 
and their doings set aside, the court aforesaid shall 
appoint another committee, who shall proceed in the 
same manner as the first committee are required to 
proceed by the foregoing section. But if said report 
shall be accepted by said court, such acceptance shall 
have the effect of a judgment in favor of the owners 
of the land against the petitioners, for the amount of 
the assessment made by the committee, and execu- 
tion may be issued therefor accordingly. Provided^ Proyuo. 
that said land shall not be used or inclosed by the 
school district for any purpose whatever until the 
amount of said judgment shall be paid to the party to 
whom it is due, or deposited for his use with the trea- 
surer of the county. 

Sec. 24. The school district preferring the petition committee mak- 
aforesaid. shall pay the committee for making said "o'^be^patdTy"'' 
assessment, a reasonable compensation for their ser- ^cikjoi asstrict. 
vices, which shall be taxed by the court to which 
their report is made. 

Sec. 25. Any school district wishing to take land, ho^v school d\^. 
which has been fixed upon by them as the site of a landVslVte'for 
school house for a common school, and being unable ^'^'*'"^'' '''"^^'•'• 
to agree with the owner of such land upon the com- 
pensation to be paid him therefor, may at any time 
when the superior court is not in session in the county 
in which such land is situated, prefer their petition to 

2 



1 8 EDUCATION. 

br"ppoinLaw either judge of the superior court praying for the ap- 
supuiiorcoui-tii) poiiitmuut of a committee for the purposes specified in 
peuVJu on, &c? the twenty-second section of chap. Ill of this act. Said 
petition shall be accompanied by a summons signed by 
competent authority, notifying the owner of the land 
proposed to be taken, to appear before the judge to whom 
such petition is brought, at a time and place specified 
in said summons, and shall be served in the same 
manner as is ])rovided by law for the service of bills 
and petitions in equity, at least twelve days before 
the time specified in said summons. 
Powers anil Sko. 26. Any committcc, so appointed, shall have 

in'mee"' *^''"'' ^^^ ^^^^ powcrs and perform all the duties provided for 
committees appointed by the superior court in accord- 
ance with the twenty -second section of chap. Ill of this 
act, and shall make report of their doings to the next 
term of the su])erior court holden in the county wherein 
such district may be, upon which said superior court 
shall proceed, in all respects, as provided for in said 
twenty-second section. 
Hon- new school Sec. 27. AYhencver a district shall liave voted to 
hum'! '''"'" "^"^ erect a new school house, the same shall be built ac- 
cording to a plan approved by the board of school 
visitors, and by the building committee of such dis- 
trict, but such t>tficers shall not have power to require 
such district to expend any larger sum therefor, than 
such district shall vote to appropriate. 
Money from Sec. 28. No district shall be entitled to receive any 

rtc°hla?uVa"er'' mone}^ from the school fund of the state, unless such 
disti'ict shall be supplied with a school house and out 
buildings pertaining thereto, which shall be satisfac- 
tory to the board of school visitors. 



CHAPTEE IT. 

Of State Appointments, Taxation, and Exjpenses. 

Income of school Sec. 1. Thc iucome of the school fund, after deduct- 
f"'"'' ''"'^ '"'*''■'' ing all expenses attending its management, shall be 
divided by the comptroller of pu])lic accounts, with 
the advice of the commissioner of the school fund, and 
distributed among the several towns in proportion to 
the number of persons between four and sixteen years 



what r 
tions. 



bntetl. 



EDUCATION. 



19 



of age, as ascertained by the school visitors of such 
towns, in conformity with the provisions of this act. 

Sec. 2. The district committee shall annually, in District commit- 
the month of January, ascertain the name of every reumlht names 
person over four and under sixteen years of age, who °|^^.^j5jg^^^^ ^^^'^ 
shall belong to such district on the first Monday of 2uthjaA. 
said month and compose a part of the family of his 
parents, guardians or employers, together with the 
names of such parents, guardians or employers, and 
shall make return of the same to the school visitors of 
the town to which such district belongs, on or before the 
twentieth day of January in each year ; provided, that 
in such return no persons shall be included who are 
residing in such districts to attend private school or 
for other private purposes ; but such persons shall be 
enumerated in the district where their parents or 
guardians reside. 

Sec. 3. In case of the absence or inability of the if committee do 
district committee to make the enumeration and re- rt°siran''be"he'^°' 
turn above required, it shall be the duty of the clerk ^"J/i^"^ '^'^*'"''=' 
of the district to do the same in the manner and with- 
in the time before described. 

Sec. 4. Whenever the committee and clerk of any """hen committee 
school district shall omit to return to the school visit- make returns 
ors of the town the enumeration of the children in Jj^Jy^oJo^ne*^/^ 
their respective districts, within the time prescribed ^ciiooi visitors, 
by law, it shall be the duty of one of the school visit- 
ors of such town to make such enumeration, before 
the first day of February in each year, and to return 
the same to said school visitors, and for making such 
enumeration, such visitor shall be entitled to receive compensation 
five cents for each child so enumerated, to be paid ^'^^■■'^''°'"- 
from the next dividend belonging to said district, 
which may thereafter be received from the town de- 
posit fund. 

Sec. 5. The return above required to be made to Returns to be 
the school visitors shall be subscribed by the person ^^^""^^ 
making the same and sworn to before a magistrate 
according to the following form : 

I do hereby certify, that I have carefully enumer- Form of return, 
ated according to law all persons between the ages of 
four and sixteen years within the school 

district, and do find that on the first Monday of 



20 



EDtrCATION. 



January, A. D. 

said district and belonging thereto, the 

persons between the ages aforesaid. 



there were residing within 
number of 



A.B. 

On this day of A. D. per- 

sonally appeared the above named A. B. and made 
oath to the truth of the above return by him sub- 
cribed, before me. 

C. D., Justice of the Peace. 

School Tisitois Sec. 6. The school visitors of the town shall examine 
loiT^lcrreturn"^ ^^^ corrcct the returns made to them, so that no per- 
and transmit to gQu shall be enumerated twice in difierent districts, or 
5th Feb. annual- bc improperly returned, and shall prepare and trans- 
*•''■ mit to the comptroller of public accounts, on or before 

the fifth day of February, annually, a certificate, in 
which the number of persons shall be inserted at full 
length, which shall be sworn to according to the fol- 
lowing form, to wit : 



Form of cerlifi- 
eate. 



"We, the school visitors of the town of 
do certify that from the returns made to us under 
oath, as by law provided, we find that on the first 
Monday of January, A. D. there were residing 

within said town and belonging thereto, the number 
of persons between the ages of four and 

sixteen years, and from the best information w^e 
have obtained, we verily believe that said number is 
correct. 

> School Visitors. 

On this day of A. D. 

personally appeared the above named school 
visitors, and made oath to the truth of the above cer- 
tificate by them subscribed, before me. 

C. D., Justice of the Peace. 



Returns to be 
lodged witli 
town treasurer. 
Comptroller to 
draw orders on 
Treasurer for 



Sec. 



7. The school visitors shall lodge the returns 



made to them with the treasurer of the town. 

The comptroller of public accounts, on the applica- 
tion of the school visitors of any town, shall draw an 



EDUCATION. 21 

order on tlie treasurer for the amount whicli such town amount each 
may be entitled to, of all moneys appropriated by law, enutl^^^o. "^ 
for the benefit, support and encouragement of com- 
mon schools, which may be in the treasury on the 
28th day of February in each year ; provided that 
no order shall be drawn in favor of any town, until 
the school visitors shall certify in writing under their 
hands in the words following, to wit : 

We, the school visitors of the town of do ^^™; "^ '=^'■"^'■ 

certify that the schools in said town have been kept for 
at least six months in the year ending the day 

of last, by teachers duly examined and ap- 

proved, and have been visited according to law ; and 
that the moneys drawn from the public treasur}^ by 
said town, for said year, appropriated to schooling, 
have been faithfully applied and expended, in paying 
for the services of said teachers, and for no other pur- 
pose whatever. 

Dated at the day of A. D. 

School Visitors of 
the town of 

To the Comptroller of Public Accounts. 

Seo. 8. Whenever the school in any school district certiacate of 
shall not be kept according to law, the school visitors compt Ji\er°shaK 
of the town to which such district belongs, shall, in ^*^^'J=p,"'|J^°^pj 
their certificate or certificates to the comptroller for been kept ac- 
the year following, state such fact, and also the num- 
ber of children enumerated in such district, and the 
comptroller, when application is made for the school 
moneys payable to such town for said year, shall de- 
duct from the whole number of children enumerated 
in such town, the number contained in such district, dedu'ct'^accord- 
and shall draw an order for the benefit of the remain- '"siy- 
ing districts of such town, 

ISec. 9. Every town in lawful meeting, may autho- Towns may au- 
rize the school visitors in said town to draw an order vi-sToTs to drL 
on the town treasurer in favor of each district as have °" to.«'" treas- 

1 i'ii-Ti T 1j(» urer in favor o) 

kept their schools m all respects accordmg to law, for districts having 

,1 • .. ^ 11 ii IT • 1 J? kept schools ac- 

their proportion of all the public moneys received from cording to law. 
the school fund for the use of schools, in the hands of 



22 EDUCATION. 

the treasurer, in proportion to the number of persons 

between the ages of four and sixteen in such district : 

Each district to provided, that wlienever the public money derived 

receive not less i, ,i i i p i -n i- , ,^ 

than thirty-five ironi tliescliool luud M^U uot amouut, according to the 
dollars. j.j^lg ^|- digtvibution, to thirty-five dollars for a district 

in any one year, it shall be the duty of the selectmen 
and town treasurer to appropriate from the amount 
raised by said town for the purpose of education, a 
sum sufficient to make the amount equal to thirty-five 
No district to dollars ; and provided further, that no school district 
which the school shall bc entitled to any portion of the public money, 
brteacheraduiy uulcss the school iu said district has been kept by a 
s^x^lifontifs*''^'^''^®^^^^®^' '^^' teachers, duly qualified, for at least six 
months in the year, and visited twice during each sea- 
son by the visitors of the town, nor until the district 
committee shall certify that the public money receiv- 
ed by the district for the year previous, has been faith- 
fully applied and expended in paying for the services 
of such teacher or teachers, and for no other purpose 
whatever. 
In cases of for- Sec. 10. lu all casos of forfeiture of public money, 
tton^to^fi'Snlde uudcr tlictwo next preceding sections of this act, appli- 
d°enrorcSmmon cation sliall be made to the superintendent of com- 
schoois. mon schools, who shall examine the facts of each case 

and decide according to its equity on the right of the 
applicants to receive the money so forfeited ; and the 
same shall be paid as if no forfeiture had occurred, on 
his certificate to the comptroller of public accounts in 
approbation of such payment. 
School moneys Sec. 11. If any moucy appropriated to the use of 
for'feited'to the ^''schools, shall be applied by a town or a school district 
^**'®' to any other purpose, the same shall be forfeited to 

the state, and it shall be the duty of the comptroller 
to sue for such money in behalf of the state, to be 
applied to the use of schools. 
Penalty for frau- Sec. 12. If any school visitor or scliool visitors shall 
duient certifi- a^ any time fraudulently make a false certificate, by 
which money shall be drawn from the treasury of this 
state, each person so fraudulently making such certifi- 
cate, shall forfeit the sum of sixty dollars to the state, 
to be recovered by action of debt on this statute, and 
it shall be the duty of the comptroller to bring a suit 
to recover the same. 



.Gate. 



EDUCATION. 



23 



Sec. 13. Any school district may fix, or authorize its scuooi aistridis 
district committee to fix, a rate of tuition to be paid "uiuon'!^''' *'° 
by the persons attending school, or by their parents, 
guardians or employers, towards the expense of fuel, 
books, and other expenses, (including estimated defi- 
ciences of payment,) over and above the money re- 
ceived for the town or state appropriations, and the 
district, or district committee, shall exempt therefrom 
all persons whom they consider unable to pay the 
same ; provided^ that the rate of tuition shall not ex- 
ceed one dollar per scholar for any term of twelve 
weeks, except in districts where different grades of 
common schools are established, where the rate for the 
higher grades shall not exceed two dollars per scholar 
for the same time. 

All such bills may be required to be paid in advance, 5'^"^"^^!'^ \^':^^ 
or may be delivered to the town or district collector, in advance. 
and may be by them collected in the same manner as 
town taxes are collected. 

Sec. 14. Whenever a district shall impose a tax, the Distiicttaxtobe 
same shall be levied on all the real estate situated estate within 
therein, and upon the polls and other rateable estate, othM^in'opeky"'' 
except real estate situated without the limits of such s!^''j^^]?„itJ"^e°''* 
district, of those persons who are residents therein at longing to per- 
the time of laying such tax, and said real estate shall therein!' "" 
not be taxed by any school district, except the one in 
which the same is situated, and said tax shall be made 
out and signed by the district committee from the as- 
sessment list of the town or towns to which said dis- 
trict belongs, last completed or next to be completed, 
as said district shall direct, and no deduction or abate- 
ment shall be made on acconnt of the indebtedness 
of the owner of any estate so taxed. 

Sec. 15. Whenever real estate situated in one }yhenreai estate 
district is so assigned and entered in the grand list in s°eparaTei"on 
common with other estate situated out of said district, ^ct wishing\'o 
that there is no distinct and separate value put by the !«y «■ ^^^ *° °^^^ 

-, -, . •■'• •■,-,. .-""i •' .Tin one or more 

assessors upon the part iymg in said district, then said assessors of the 
district wishing to lay a tax as aforesaid , may call on *^°""' 
one or more of the assessors for the time being 
of the town in which said property is situated, 
to assess, and they shall on such application, assess 
the value of that part of said estate which lies in 
said district, and return the same to the clerk of said 
town, and notice of such assessment and of the 



2-i: EDUCATION. 

meeting of the assessors and selectmen liereafter men- 
tioned, shall be given by the district committee in the 
same way as a notice for school meetings, and at the 
end of fifteen days after said assessment lias been re- 
turned as aforesaid, said assessors and selectmen shall 
meet in such place as said district committee shall de- 
signate in his notice aforesaid, and shall have the 
same power in relation to such list as the board of re- 
lief have in relation to such list of towns, and when 
such list shall be pe rfected by said assessors and select- 
men, tlie same shall be lodged with the town clerk, 
and said assessment shall be the rule of taxation for 
said estate by said district for the year ensuing, and 
said assessors shall be paid by said district a reason- 
able compensation for their services. 
School di.strict Sec. 16. The several school districts in this state 
con^bimtrcoi- may appoint either of the constables of the town or 
U'ctor... towns in which such school district may be situated, 

to be collector of the taxes of such school district, 
whether such constable belongs to said district 
or not, and it shall be the duty of the constable 
appointed such collector, on receiving any rate tax or 
assessment bill from the committee of any such school 
district, forthwith to collect the same, and pay the 
amount of such bill or bills into the treasury of 
such school district, and said constable shall be allow- 
ed such fees for collecting the same as are allowed to 
collectors of state taxes. 
Towns to r.use Sec. 17. It shall bc thc duty of each of the towns in 
le^^s^thifn one""^ tliis stato annually, on or before the twentieth day of 
cent on the February, to raisc bv taxatiou such a sum of money 

lioUar on their , -i i • i i i. i i.i j. 

smnd list, to 1.6 as they may deem advisable, not less than one cent on 
".Xo^res.'''''''"' the dollar, on their grand list made and perfected, and 
cause the same to be paid into the treasury of the 
several towns respectively, for the benefit, support, and 
eucourngement of common schools ; and the whole 
amoimt of money so raised, shall be annually distri- 
buted to the several school districts within each 
town, under the direction of the selectmen and school 
visitors. 
Towns neglect- Sec. 18, If any town shall neglect to raise such sum 
Tuchlnu^to of money, not less than one cent on the dollar, in the 
forfeit an equal manner and within the time limited in the preceding 

jvmount to the . i,. in>'i tm i 

state. section ot this act, or shall tail to distribute the same 



EDUCATION. 25 

according to the provisions of said section, such town 
shall forfeit and pay to the treasurer of this state, for 
the use of the state, a sum equal to the amount which 
it was the duty of such town to raise, as aforesaid, to 
be recovered by said treasurer in an action upon the 
case under the statute. 



% CHAPTEK V. 

% 



V Of School Visitors. 

Sec. 1. The board of visitors shall prescribe rules and f^'^^.g^^^i^g*''"* 
regulations for the management, studies, books, clas- rules, studies, 
sification and discipline of the schools in the town ; amine teachws, 
and shall themselves or by a committee by them ap- ^f^^ ^reuuns of 
pointed for that purpose, examine all candidates for number of per- 

f, •.iiii> ii 1 sons between 

teachers in the common schools oi such town, and four and sixteen 
shall give to those persons with whose moral charac- a'JidXaw ''orders 
ter, and literary attainments, and ability to teach they on U)wn^treas^ur- 
are satisfied, a certificate, setting forth the branches neys. 
he or she is found capable of teaching; provided, that 
no certificate shall be given to any person not found 
qualified to teach reading, writing, arithmetic and 
grammar, thoroughly, and the rudiments of geogra- 
phy and history ; shall visit all the common schools 
of said town twice at least during each season for 
schooling, once within four weeks after the opening, 
and again within four weeks preceding the close of 
the school, at which visits they shall examine the re- 
gister of the teacher, and other matters touching the 
school house, library, studies, discipline, mode of 
teaching, and improvement of the school ; they shall 
make return of the number of persons over four and 
under sixteen years of age in said town, to the comp- 
troller, and draw orders on the same for any portion 
of the public money due to said town as heretofore 
prescribed ; and they shall draw all orders on the 
town treasurer or school fund treasurer, for all moneys 
due the common schools of said town. 

Sec. 2. The board of visitors shall annul by a ma- Board of visitors 
jor vote of the board, the certificates of such teachers fiTateroTunquai- 
as shall be found unqualified, or who will not conform Ifna ghau'^^ubmit 
to the law and the regulations adopted by the visitors, written report to 



26- EDUCATIOIf. 

the town at the and shall submit to the town at their annual meeting, 
annual meeting. ^ "written account of their own doing-s and of the 
condition of the several schools within their limits, for 
the year preceding, and said board may appoint a 
committee of one or two persons, to exercise all the 
powers and perform all the duties of said visitors, sub- 
ject to their rules and regulations, which committee 
shall be called the acting school visitor or visitoi-s. 
Acting school Sec. 3. It shall be the duty of the acting school visitor 

each*'com°nK)n' Or visitors of cvcry town, to visit every common school 
tSwn^twkl^dur- i° s^i^ town, in company with one or more of the vis- 
ing each season, itors, or of the district committee, if such attendance 
school visitors, can be obtained; and such visits shall be made twice 
portu)™upeHn- ^^ l^ast during each season of schooling, in conform- 
tendent of com- jj^y ^j^j-^ ^]^q provisious of this act. It shall be their 

mon schools, and ,«/ -I . ^, , , ., 

to answer enquir- duty, uulcss otherwisc dircctcd by the visitors, to 
by'him.°"° ^ spend at least half a day in each school visit; it shall 
be his or their duty to make a full annual report of 
the condition of the common schools of said town 
and of all the important facts concerning the same, to 
the superintendent of common schools, on or before the 
first day of October, anuuall}^, and to answer in wri- 
ting all inquiries that may be propounded to him or 
them on the subject of common schools by said super- 
intendent. He or they shall also prepare an abstract 
of such report, to be read at the annual meeting 
of said town. 
Compensation of Sec. 4. The acting school visitor or visitors of every 
uorsf^'^*^""^^'^" town shall receive for the time actually employed in 
the performance of the duties prescribed in this act, the 
sum of one dollar twenty-five cents each, per day, to 
be paid out of the treasury of the town in which the 
school houses of the schools visited by him or them 
are situated ; provided that ho or they shall have 
made his or their annual report in the manner pre- 
scribed in the preceding sections ; and provided further 
that his or their account shall be approved by the vis- 
itors of the town. 
High schooito be Sec. 5. Whenever a common school of a higher 
agement of board grade, for the oldcr and more advanced children of 
of visitors. either sex, shall be established and maintained by 
any town, such school shall be subject to the manage- 
ment of the board of visitors, unless otherwise direct- 
ed by the town, and shall receive such proportion of 



EDUCATION. 27 

all money provided for tlie support of common schools 
in such town, as the number of scholars attending 
such high school shall bear to the whole number at- 
tending all the other common schools of the town. 

Sec. 6. No town shall be entitled to receive its share No town to re- 
of the public money from the treasury of the state, ney unless th?°" 
unless the report required by the third section of chap. "avTbl^nmade 
Y of this aet shall have been made by the school vis- to ^"pe^^^tend- 
itors to the superintendent of schools. schools. 



CHAPTEK VI. 

Of District Committees. 

Sec. 1. The committee of every district shall, on or District commit- 
before the 30th day of September in each year, make port to school 
a written report to the board of school visitors of thejo^n."^"^'^^ 
town, which shall state, 

1. The whole term for which a school or schools in subjects of re- 
such district shall have been kept by a qualified teach- ^°^ ' 

er or teachers, during the year ending the thirty -first 
day of August, and how much of said term was win- 
ter school, and how much summer school. 

2. The amount of money received from the school 
fund of the state, town deposit fund, local funds, town 
tax, district tax, rate bills and all contributions, whe- 
ther in board, fuel or otherwise, for the year ending the 
thirty-first day of August. 

3. The whole number of children, between the ages 
of four and sixteen, the number of each sex in the 
summer school, and in the winter school, the average 
attendance both summer and winter of each sex, and 
the number of pupils attending school, over sixteen 
years of age. 

4. The number of male and of female teachers em- 
ployed, and for how long a time each. 

5. The wages of male teachers per month, and of 
female teachers per week, including board, when re- 
ceived as a part of the teachers' compensation. 

6. The amount expended during the year for school 
buildings, for apparatus and library, and for other 
school purposes. 

7. The different branches taught in the schools, the 



28 EDUCATION. 

number of pupils in each branch, the number of pub- 
lic examinations, lectures, visits, and by whom, and 
such other information as may be required by the 
board of visitors or by the superintendent. 

Sec. 2. No district shall be entitled to receive its 
share of the public money from the state treasury, un- 
less the report required by the next preceding section 
shall have been made by the committee of the dis- 
trict. 



CHAPTER VII. 

Of Teachers. 



Teachers must 
receive certifi- 



Sec. 1. No teacher shall be employed in any school, 
cate of examina- supportcd by any portion of the public money, until 

tion SiQcl appro- it •'t i * c* > c* * t * t 

bation from vis- he has rcceivcd a certmcate oi exammation and ap- 
itors. probation signed by a majority of the board of visit- 

ors, or by all the committee by them appointed, nor 
shall any teacher be entitled to draw any portion of 
his wages, so far as the same is paid out of any pub- 
lic money appropriated by law to schools, unless he 
can produce such certificate, dated previous to the 
opening of his school, provided, that no new certifi- 
cate shall be necessary when the teacher is continued 
in the same school more than one term, unless the vis- 
itors shall require it. 
Ser" '" ^'''' Sec. 2. It shall be the duty of every teacher in any 
common district school, to enter in a book or a regis- 
ter to be provided by the clerk, at the expense of the 
district, the names of all the scholars attending school, 
their ages, the date when they commenced, the length 
of time they continued, and their daily attendance, 
together with the day of the month on which such 
school was visited by the school visitors of the town 
or committee by them appointed ; which book or re- 
gister shall be open at all times to the inspection of 
all persons interested, and be delivered over by the 
teacher at the close of the term, to the district clerk, 
together with a certified abstract showing the whole 
number of pupils enrolled, the number of males and 
females, and the average daily attendance. 



EDUCATION. 29 

It shall also be the duty of the teacher, so far as to furnish infer- 
practicable, to furnish to the district committee such ti-fot wmmme'l'!" 
information with regard to matters appertaining to the 
school, as shall be by them required. 

Sec. 3. I^o teacher shall be entitled to any pay for no teacher enti- 
his services, who shall have neglected to perform the negiectf'''prrce°- 
duties enjoined by the next preceding section. <^^^s section. 

Sec. 4:. All examination of teachers under the first Examination of 
section of chapter fifth of this act, shall be conducted condlTcTed""^ 
by a majority of the board of school visitors, or by 
ail the committee by them appointed. 



CHAPTEE vni. 

Of the Superintendent of Schools. 

Sec. 1. The principal of the state normal scliool Principal of nor- 
shall be, ex officio, superintendent of common schools, e5r-offic^o*'^*uper. 
whose duty it shall be to exercise a general supervi- 1°*^"'!!°' 1*' , 

y 11 1^-1 Ti common schools. 

sion over the common schools oi the state, to collect 
information from the school visitors in the manner 
provided in the third section of chapter fifth of this 
act, and from other sources, to prepare and submit an ms duties, 
annual report to the general assembly, containing a 
statement of the condition of common schools of the 
state, plans and suggestions for the improvement and 
better organization of the common school system, and 
all such matters relating to his ofiice, and to the inter- 
ests of education, as he shall deem expedient to com- 
municate. 

Sec. 2. The superintendent of common schools is ^o iiow conven. 
hereby authorized and directed to hold, at one con- in°each county. 
venient place in each county of the state, schools or 
conventions of teachers, for the purpose of instructing 
in the best modes of governing and teaching common 
schools, and to employ suitable teachers and lecturers 
to assist him in conducting said schools, and for the i 

purpose of defraying the expenses of each school or ^^^ 

convention so held, the superintendent may draw up- 
on the comptroller for a sum not exceeding one hun- 
dred and twenty dollars, to be paid from the civil list 
funds of the state. 



\ 



30 EDUCATION". 

Hi3 compensa- Sec. 3. The Compensation of the superintendent 
shall be three dollars per day, in full for his services 
while actually employed in performing the duties re- 
quired of him by lav\', and shall be allowed his neces- 
sary disbursements for traveling expenses, stationery, 
printing and clerk hire, in the business of said office, 
which compensation and disbursements shall be paid 
from the civil list funds of the state, after being taxed 
and allowed by the comptroller, who shall draw an 
order on the state treasurer therefor. 
To give notice to Seq, 4, The Superintendent of common schools 
and place of con- sliall bc, and lie is hereby directed to give seasonable 
ventions. noticc to cacli town, of the times and places of hold- 

ing such schools or conventions, and such other notice 
to the teachers as he may deem expedient. 



f 



CHAPTER IX. 

Of School Libraries. 



TizeTtTTten ^^^' ^' "^^^^ treasurer of the state, upon the order 

dollars to school of the Superintendent of schools, is hereby authorized 

an equa/sum"to and dircctcd to pay over the snm of ten dollars, out 

iTbr^a*'dM or^pro- ^^ ^'^7 ^f^oneys that may be in the public treasury, to 

cure apparatus, evcry scliool district which shall raise by tax or sub- 

uoiia^s annually, scriptiou a like sum for the same purpose, to establish 

within such district a school library, and to procure 

philosophical and chemical apparatus ; and the fur- 

tlier sum of five dollars annually, upon a like order, 

to the said districts, upon condition that they shall 

have raised a like sum for such year, for the purposes 

aforesaid. 

Selection of ^^^^ y^ ^\^q sclcction of books for such libraries 

books to be ap- 1 ^ ■. ^ •> ii i/... n 1 

proved. shall bc approved by the board of visitors oi each 

town. 
Board of visitors gjjc. 3. The board of visitors of each town shall 

may make regu- , , , i i.- !• i.1 

utions. make proper rules and regulations lor the manage- 

__ ment, use and safe keeping of such libraries. 

Acts repealed. All public acts heretofore passed and now in force 
in this state relating to the subject of education, are 
hereby repealed, except such as are hereinafter speci- 
fied — to wit — an act for the establishment of the state 



EDUCATION. 31 

normal school, passed in the year 1849, page 416 of the 
compilation of 1854. 

All acts confirming and validating school society 
and school district meetings, and doings therein. 

Chapter first of '' an act concerning education," page 
407 of compilation of 1854. 

"An Act in addition to an act, concerning educa- Acts continued in 
tion," passed in 1851, page 411 of compilation of °"^^' 
1854. 

Chap, sixth of " An Act concerning education," 
page 439 of compilation of 1854, which acts and parts 
of acts above specified are, and are hereby declared to 
be in full force. 

Provided this act shall not aff'ect any suit now pend- 
ing. 

Approved, July 1st, 1856. 



ACTS CONTINUED IN FORCE. 

TITLE X. 

AN ACT CONCEKNING EDUCATION. 

CHAPTER I. 

Treats only of Colleges.'^ 

CHAPTER II. 

Of Coinrtion Schools and School Societies.^ 

Sec. 1. That no future meeting of any school socie- ^ggj 
ty or school district shall be deemed to be legally copy of warning 

-\ ^ ' -\ T,- j_ i 1 ,• .1 for school socle' 

warned, unless, m addition to the notice now required ty or district 
to be given of the time, place and object of such Jen with uiJ'^ 
meeting, the person or persons giving such notice '^^'^'^^' 
shall, on the day of giving such notice, leave a dupli- 
cate of the same with the clerk of such society or 
district, which it shall be the duty of such elerk to pre- 
serve on file. 

* Page 407, compilation of 1854. f Page 411, compilation of 1854, 



32 EDUCATION. 

Sec. 2. That every school society, at any legal meet- 
ing, specially warned for that purpose, may designate 
the time and place of holding all subsequent annual 
meetings of said society, within said society's limits ; 
provided^ that such annual meetings be appointed at 
some time within the month of September, or October, 
in each year. 



CHAPTER VI. 
Of the ScJwol Fund:-'' 

Sec. 70. The commissioner of the school fund shall 
cause the net amount of interest received yearly on 
said fund, to be distributed for the benefit of the pub- 
lic or common schools, according to la^v. 

Sec. 79. The comptroller shall, on application of 
the committee of any school society, draw an order 
on the treasurer for the amount legally due such 
society. 

[The rest of this chapter relates to the school fund 
commissioner and the management of the school 
fund.] 

AN ACT FOR THE ESTABLISHMENT OF A STATE 
NORMAL SCHOOL, 1849.t 

Be it enacted hy the Senate and House of Repre- 
sentatives^ in General Assenibly conveved : 
A normal Sec. 1. There shall be established, as herein after 

Hshed. ^*''^''" provided, one normal school, or seminary, for the 
training of teachers in the art of instructing and gov- 
erning the common schools of this state; the object 
Its object, of which normal school or seminary shall be, not to 
educate teachers in the studies now required by law, 
but to receive such as are found competent in these 
studies, in the manner hereinafter provided, and train 
them in the best methods of teaching and conducting 
common schools. 

* Page 439, compilation of 1854. f Page 416, compilation of 1854* 



EDUCATION. 33 

Sec. 2. There shall be appointed by the legislature Trustees. 
eight trustees of said normal school, one from each 
county in the state ; two of whom shall in the first 
instance hold their office for one year, two for two 
years, two for three years, and two for four years, 
the term of ofiice to be by them determined, by lot vacancies, how 
or otherwise ; the vacancies to be filled by appoint- 
ment by the legislature, for the residue of the term 
which shall so become vacant ; and the superintend- 
ent of common schools, ex officio, shall also be a 
member of said board. 

Sec. 3. The expenses necessarily incurred by said f J^4°ed^' ^"^ 
trustees, in the discharge of their duties, shall be 
defrayed out of the funds herein appropriated for 
the support of said school, and they shall receive no 
compensation for their services. 

Sec 4. To said board of trustees shall be committed bo^'ard o°/trus- 
the location of said school ; the application of the tees. 
funds for the support thereof; the appointment of 
teachers and the power of removing the same ; the 
power to prescribe the studies and exercises of the 
school, rules for its management, and granting diplo- 
mas ; and they shall report annually to the legisla- to report annu- 
ture their own doings and the progress and condition ^"y- 
of the school ; and the said trustees are hereby author- 
ized to change the location of said normal school 
from time to time as they deem best for the interest 
of said school, and for the accommodation of the pu- 
pils in the different parts of the state, provided suita- 
ble buildings and fixtures are furnished without ex- 
pense to the state. 

Seo. 5. The number of pvipils shall not exceed two Numi^er of pu- 
hundred and twenty, and the visitors of each school seiecTuon?'" 
society in the state shall be requested to forward to 
the superintendent of common schools, annually, the 
names of four persons, two of each sex, applicants 
for admission to said school, whom the said visitors 
shall certify they have examined and approved as 
possessed of the qualifications required of teachers of 
common schools in this state ; which applicants shall 
have given to said visitors a written declaration, 
signed with their own hands, that their object in 
seeking admission to the school is to qualify them- 
selves for the employment of common schoolteachers, 
and that it is their intention to engage in that employ- 

3 



34 • EDUCATION. 

ment in this state, which applicants the said visitors 
shall recommend to the trustees as suitable persons by 
their age, character, talents and attainments, to be 
received as pupils in the normal school. The trustees 
shall select by lot, from the whole number of appli- 
cants from each county, the proportion of pupils to 
which such county is entitled by its population, of 

ProYiso. male and female, each an equal number ; provided^ 

that not more than one shall be admitted from any 
school society, till each society, from which an appli- 
cation is made, shall have a pupil in the school. The 
trustees shall forward to each pupil, so appointed, a 
certificate of his appointment, returning also to the 
principal a list of pupils appointed to the school. If 
there shall not be a sufficient number of applicants 
from any county to fill the number of appointments 

racancTes"'*^ ^" allowcd to such county, the trustees shall fill the va- 
cancy by lot from among the whole number of re- 
maining applicants. To all pupils so admitted to the 
school, the tuition and all the privileges of the school 
shall be gratuitous. 

Trustees may es- SeC. 6. The Said trUStBCS are authorized to make pro- 
primary scliool. visions for a onodel jyrwxary school, under a perma- 
nent teacher approved by them, in which the pupils 
of the normal school shall have opportunity to prac- 
tice the modes of instruction and discipline inculcated 
in the normal school. 
Provision for the Sec. Y. For the support of Said normal school there 
aormarschooi^ is hereby appropriated the bonus derived from the 
" State Bank," and the interest which may accrue 
thereon ; from which the sum of twenty-five hundred 
dollars, annually, for the term of four years, shall be 
paid to said trustees, with said interest, by order of 
the comptroller on the treasurer of the state ; no 
part of which sum shall be expended in any building 
or fixtures for said school. 



IISTDEX. 



Acting School Visitors. See Visitors. 

Acts Repealed, . . , , , ,30 

continued in force, ..... 31-33 

Apparatus for schools, how furnished, . . , .30 

Apypropriations, by State, to State Normal Schools, . . 34 

teachers conventions, . . 29 
towns for support of schools, . 21, 22 
Assessments, town lists, the list for taxes in school districts, . 23 
district committee to make, . . . 23 
of property lying in two or more districts, how de- 
termined, . . . . .23 

B. 

Bills for tuition, may be required to be paid in advance, . 23 
to be collected by town or district collector, . 23 
not to exceed one dollar per term for each scholar, 23 
Boundary liyies of school districts, how defined, . . 10, 14 
Burying Grounds, powers of school societies concerning, trans- 
ferred to towns, . . .... 6 

C. 

(7er iy?ca<e of enumeration by district committee, . .. 19 

school visitors, .. .. , 20 

by school visitors on applying to comptroller for 

public money, . . . . 21 

of examination, teachers must receive, .. . 28 

fraudulent, penalty for making, ^ . . 22 

Children between four and sixteen, in each school district to be 
enumerated. See Enumeration. 



36 INDEX. 

Clerk o^ scliool district to make enumeration of scholars, . 19 

to be annually cliosen and sworn, . 14 

duties cf, . . . . 15 

to call meetings when, . . 13 

CoZ^eciors of school districts, when and how cliosen, . 14 

powers and duties of, . 15, 24 

to give bonds if required, . 15 

constables may be aj^poiuted, . 24 

fees of, ... 24 
Commissioner of School Fund to distribute the interest of the 

fund for the benefit of common schools, . . 18, 32 
Committee of School Society to continue in office till next an- 
nual town meeting, . 6 
to make report at town meeting, . 6 
Committee of School Districts, powers and duties of, . 15 

not to exceed three, chosen annually, 14 
neglecting to act, liable to a forfeit, 15 

to make enumeration of scholars, 15 
report annually to school visitors, 27 

subjects of their report, . 27 

to make out tax list, . 23 
Comptroller and commissioner to distribute income of the school 

fund, ...... 18 

to draw orders for public money on application of 

school visitors, . . . . 20 

shall deduct from districts not keeping school ac- 
cording to law, . . . . .21 

to sue for public school money when forfeited, 22 

Consolidated school districts, property of, how distributed, . 12 

real estate of, how disposed of, . 12 
organized by act of 1841 to be ma- 
naged under said act, . 12 
Constables may be appointed collectors of district taxes, . 24 
fees of, . . . . . . 24 

Cowwen^ioMS of teachers held annually in each county, . . 29 
expenses of, how defrayed, . . .29 

D. 

Districts. See School Districts. 
District Clerk. See Clerk. 

Treasurer, See Treasurer. 

Collector. See Collector. 

Committee. See Committee. 



INDEX. 



37 



E. 



Education^ board of, to be chosen in school societies organized 

in 1855, .... 

powers and duties of, . 
Enumeration of children and parents in school districts, 

how and when and by whom to be made, 

compensation for makina:, 

return, how made and form of, 

to be transmitted to comptroller, 

penalty for fraudulent return, 
Expense of teachers' conventions, how defrayed, 

trustees of State Normal School, how paid, 



19, 20 

19 
19 
19 

20 
22 
29 



F. 

Forfeitures, ..... 13, 15, 22, 27, 
application for remittance of to be made to superintendent, 
Fund. See School Fund. 

G. 



29 
22 



Graded Schools, totvns may establish, . 
districts may establish, 



10 
14 



H. 



High Schools, to be subject to management of school visitors, 

L. 



26 



Library may be provided by school district, . . 14, 30 

treasurer authorized to pay $10 for the support of, . 30 

selection of books for, to be approved, . . 30 

school visitors to have management of, . . 30 

List, town list to be the list for school district taxes, . .23 

M. 

Maps, districts may purchase, . . . . 14 

Meetings, annual, of districts, when to be held, . . 12 

special may be called, how, . . , 13 

warnings for to be left with the clerk, . . 31 

of school societies, when to be held, . . 8 

Model PrimarT/ School, to be established by trustees of State 

Normal School, . . . . .34 

Money. See School Money. 



38 



EJTDEX. 



N. 



Normal School, act establishing, 

applicants for admission to, 

to make declaration of intention, 

appropriation for the support of, 

certificate of school visitors given to applicants, 

model school, to be established by trustees of, 

object in establishing the, 

principal of, to be ex officio superintendent of 

common schools, 
pupils of, number of, and how selected, 
vacancies in, filled by trustees, 
trustees, how appointed, 
term of office of, 
vacancies in, how filled, 
duties of, . , . • 

expenses of, how paid, 
no compensation allowed for services, 
to report annually to Legislature, . 
tuition of, to be gratuitous, 
visitors of schools, to certify applicants to super- 
intendent of common school, 
to recommend them to trustees, 
Notice. See Meetings. 



32 
33 

34 
33 
33 
34 

32 

29 
33, 34 
34 
33 
33 
33 
33 
33 
33 
33 
34 

33 
34 



0. 



Officers of School Districts to exercise the same duties as cor- 
responding town officers, . . . , 



15 



Parents, enumeration of, to be made, 

Penalty. See Forfeitures. 

Princi2ial of State Normal School, to be superintendent of 

common schools, ..... 

Property of school societies, how disposed of, , 

selectmen to divide, when the so- 
ciety lies in two towns, 
in case of disagreement to petition 

superior court, 
court to appoint committee, 
organized in 1855, to remain a8 
heretofore, 



19, 20 



29 

7 



INDEX. 39 

Property, of towns for support of schools, selectmen to manage, 10 
of residents in districts, subject to taxation, . 12, 23 

situated in two districts, how assessed, . . 23 

R. 

Meal estate belonging to consolidated districts, how disposed of, 1 2 

See Property. 

Records of school societies to be kept with town records, . 6 

Reports of officers of school societies, when and how made, 6 
acting school visitors, to be made to superintendent 

of common schools, . . . . 26 
in case of neglect, town shall 

forfeit public school money, 2 7 

of district committee to be made to school visitors, . 27 

subjects of, . . . 27 

S. 

Scholars, enumeration of, . . . . .19 

in district where no school is kept, liow provided for, 16 

Schools, towns to provide for support of, . . . 5 

business relating to, to be transacted at town meetings, 10 

must be kept six months during the year, . . . 21 

See Graded Schools. 

See Jligh Schools. 

School Societies, powers and duties of, to cease, . . 6 

debts and obligations of, not discharged, . 6 

funds, &c., to remain as heretofore, . 6 

indebtedness of, how adjusted, . . 7 

officers of, to continue in office, how long, 6 

to report at town meetings, . 6 

privileges of, . . . . .9 

property of, to vest in towns, . . 6 

how divided when in different 

towns, ... 7 

records of, to be kept with town records, . 6 

organized in 1855, become school districts, . 8 

to choose a board of education, 8 

powers and duties of such board, 8 

annual meetings of, . .8 

to report at district meeting, 9 

School Districts, constituted how, .... 5 

belonging where, if lying in two or more towns, 1 1 

boundaries of, how defined, . . 10, 14 

clerk of, to be chosen anually and sworn, 14 

powers and duties of, . . 15 



40 IKDEX. 

School Districts, collector of. See Collectors. 

committee of. §ee Committee of School Districts. 
consolidated. See Consolidated School Districts. 
corporate powers of, . . . .14 

emimeration of children of, . . 19-20 

jurisdiction of towns, concerning, . . 11 

to divide and dissolve districts, 11 

not to be dissolved, wlien, . 11 

land for a new site, may take, how, . 16-17 

limits of, to be recorded on town records, 14 

meetings of, annual and special, liow warned, 

12, 13, 31 

time of notice, and by whom given, 18 

warning to specify olajects of, . 31 

copy of, to be left with clerk, 31 

where to be held, . . 13 

who entitled to vote in, . . 13 

penalty for illegal voting in, 13 

name, number, &c., to be recorded, . 14 

officers of, chosen annually, . . .14 

penalty for not serving, . 15 

vacancies in, how filled, . . 15 

powers and liabilities of, . . . 14 

property of consolidated and divided districts, 

how distributed, . . . .12 

See Property. 
real estate in, not entered separately in the 

grand list, how assessed, . . . 23 

scholars in, where no school is kept, how pro- 
vided for, . . . . .16 
site of school house in, fixed by two thirds vote, 

or by school visitors, . . . 16 

may take land for, how, . . 16 

if district and owner of land cannot 

agree, to petition superior court, 16 

or either judge, in vacation, . 18 

court to appoint committee, . 17,18 

power and duties of committee, 17, 18 

if report of committee be rejected, court 

may appoint another, . . 17 

report when accepted, to have eff"ect of 

a judgment against petitioners, 17 

land not to be used, until judgment is 

paid, . . . .17 

district to pay for services of committee, 17 
school house, how to be built, . 18 



INDEX. 



41 



School Districts, school Jiioiu^}-, to receive -$35 each, annually, 22 

forfeited unless scliool house is 

built, . . .18 

foi'feited unless report is made to 

school visitors, . . 28 

forfeited unless school shall be 

kept for six months, . 21 

tuition, rates of, fixed by, . . .23 

may be required to be paid in advance, 23 

taxes in, how levied, ... 23 

on real estate in, . . .23 

when lying' in two districts, . 23 

teachers of, . . . . 28, 29 

treasurer of, may require bonds of, . 10 

union districts, how regidated, . . 12 

vote in, who entitled to, . . . 13 

School Fund, local, to be held by the towns, . . . G 

divided how, when lying in different towns, 6 

income of, how distributed, . . 32 

comptroller to draw orders for, on application of 

society's committee, .... 32 
School House, site of, how fixed, . . . . 17, 18 

how to be built, . . , .18 

School Money of district not supporting a school, to he distri- 
buted to other districts, . . . 16 
conditions of distribution, . . .18 
comptroller to draw orders for, when, . 21 
forfeited, when, ... 21, 22 
if forfeited, application may be made to the super- 
intendent of common schools, . . 22 
when misapplied, to be forfeited to the state, 22 
School Visitors to forward names and certify applicants to Noi'- 

mal School, . . . .33 

to recommend them to trustees, . . 34 

See Visitors. 

Selectuieu to adjust funds and indebtedness of school sureties, 7 

define boundary lines of districts, . . 10 

designate time and place of holding first district 

meeting, ..... 10 

State Normal School. See Normal School. 
Superintendevi of Common Schools to be principal of iini State 

Normal School, ex officio, . . .29 

duties of, .... 29 

to report to General Assembly, . . 29 

to hold conventions of teachers, when and where, 29 
compensation of, . . . . 30 



42 INDEX. 

Superintendent of Common Schools to notify towns of time and 

place of holding teachers' conventions, . . .30 

Superior Court may lav tax on school societies for payment of 

indebtedness, ...... 7 



Taxes to be levied on school societies, for payment of indebted- 
ness, ...... 7 

collectors of. See Collectors. 

in districts, how levied, . . . . -23 

list of town, the list for, in districts, . . 23 
not to be abated on account of indebtedness of the owner 

of property taxed, . . . . .23 

on property lying in different districts, how assessed, 23 
of not less than one cent on grand list to be rasied by 

towns and distribnted to schools, ... 24 
Teachers must receive certificate of examination and approbation 

from school visitors, . . . 25, 28 

wages of, not to be drawn' without certificate, . 28 

new certificate not necessary, unless when, . . 28 

must keep register of scholars, ages, attendance, c^c. 28 

in case of neglect, to forfeit wages, . . 29 

examination of, how conducted, . . ,29 

conventions of, when and where to be held, . 29 

Towns to provide for support of schools, ... 5 

powers concerning burying grounds, granted to. . 

local school fund, to be held by, ... 6 

to elect school fund treasurer, Avhen, . . 10 

may establish graded schools, . . .10 

shall transact school business at town meetings, . 10 

power given to, to alter, divide and form new districts, 11 

may authorize orders on town treasury, when, . 21 

to tax themselves for support of schools, . . 24 

neglecting to lay a tax to forfeit the amount to the State, 24 

See Taxes. 

Treasurer of school fund, to be elected by town, . . 10 

give bonds, if required, . 10 

of town, bonds, leases, &c., to lodged with. . 10 

school district, when and how chosen, . 14 

duties of, . . .15 

to give bonds, . • KJ 

Trustees of State Normal School. See Normal School. 

Tnifinn. rates of, to be fixed by school districts, . . 23 

not to exceed 81.00 per term, . . 23 

mav be required to be paid in advance, . 23 



INDKX. 



u. 



43 



Union Districts organized uuder the act of 1841, to be managed 

according to provisions of said act, . . . 12 



Vacancies in board of school visitors, bow filled, . . 9 

See Societies and Districts under Officers. 

Visitors of scliool society, to continue in office, how long, . U 

to report at town meeting, . . (J 

the board of, to be elected annually, . . 9 

term of office, .... 9 

vacancies, how filled. . . 9 

duties of, . . . .25 

to appoint school district officers, when. 15 

names to be lodged with clerk, . 15 

to make enumeration of scholars, when, 19, 25 

to transmit certificate of enumeration to 

the comptroller, . . 20, 25 
returns of, to be lodged with town trea- 
surer, .... 2(1 
form of certificate ofj to comptroller, . 21 
certificate shall state when school is not 

kept, .... 21 

penalty for making fraudulent certificate. 22 
shall prescribe rules, books, discipline, 

&c., in the district schools. . . 25 

to examine teachers, . . 25 

to draw orders on town treasury, . 25 

may annul teachers' certificates, when, 25 
shall have management, tfec, of higli 

schools, . . . .26 

acting school visitors, how appointed, . . 26 

their duties, , . .26 

compensation of, . . 26 

Vote, who entitled to, ..... 18 

illegal, how punished, . . . . 13 

W. 

Warnings for school district meetings, how and by whom given, i;5 

copy of to be left with clerk, . . . 31 



